ILLINOIS POLLUTION CONTROL BOARD
July 11,
1991
IN THE MATTER OF
)
PETITION OR PEORIA DISPOSAL
)
AS 91-3
COMPANY FOR ADJUSTED STANDARD
)
(Adjusted Standard)
FROM 35 ILL. ADM. CODE 721
)
SUBPART
D.
)
ORDER OF THE BOARD
(by J.D. Dumelle):
On April
25,
1991 the Board
issued
an
order
requiring an
additional filing.
On May 15, 1991 Peoria Disposal Company (“PDC”)
filed
a waiver pursuant to
35
Ill.
Adm.
Code 120.230 regarding
statutory deadlines.
On May
16,
1991
PDC filed
a
claim letter
pursuant to 35 Ill.
Adin.
Code 120.20(a) (1).
The Board finds the additional filings constitute an adequate
request for protection as a trade secret with an open waiver of the
decision deadline.
The Board will place the claim letter in the
public
files
and maintain the
claimed
secret materials
in
the
Clerk’s confidential files until further order of the Board.
At
the conclusion of this proceeding,
Peoria may file a motion
for
return of the material.
On May 13, 1991 a citizen filed a request for a public hearing
in this matter pursuant to 35
Iii.
Admn. Code 106.713 and 106.801.
Accordingly, the Board will set this matter for hearing.
The Board notes that after the filing of the Petition,
the
regulations were modified at
35
Ill. Adm. Code 720.122(n)
to add
the following sentence:
“The Petition must be clearly labeled as
a RCRA delisting adjusted standard petition.”
(R90-17, April 11,
1991).
The Board requests that when PDC files an amended copy of
the petition,
as required below,
that it be appropriately marked
as
a RCRA delisting adjusted
standard,
and served on the Board,
the Agency and USEPA.
Insofar
as the petition
itself,
we have
several
concerns.
First,
the petition requests the delisting of two wastestreams:
F006
(wastewater treatment sludges
for
electroplating)
and K061
(emission control dust/sludge from the primary production of steel
in electric air furnaces).
Petitioner has made no statement or
otherwise indicated that these wastestreamns are in any way related
to each other.
Accordingly,
the
Board
directs
PDC
to
either
provide
a
statement
as
to
why these
wastestreams
ought
to
be
addressed
together,
or
to
separate
the
petition
into
two
stand—alone
segments,
addressing each wastestream separately.
Based on the
information supplied by the amended petition, the Board may divide
this Docket into subdockets or consolidate the matter for purposes
of hearing.
124—12 7
Next, the Board has noted the following specific informational
deficiencies in PDC’s petition.
Incomplete requirements include
Sections
106.705(d),
720.122(i)(5),
106.705(e),
106.705(f)(2),
106.705(k)
,
720.122(d) (1) (A),
720.122(d) (3),
720.122(d) (8),
720.122(k) (7), 721.111(a) (3) (G) and 721.111(a) (3) (I) and
(3).
The
petitioner should take special note of those requirements set forth
in
section
720.122(d)(8),
which
requires
a
discussion
of
methodologies used.
Although there is general discussion on some
of
those
requirements,
there
appears
to be
no description
of
sampling
methodologies,
equipment,
handling,
etc.
which
were
actually
employed
in
taking
these
samples.
Nor
is
there
a
statement
as
to why
the
samples
are
“representative”
samples.
Although
many
analytical
results
are
presented,
there
is
no
statement as to what tests
(e.g., SW 846 methods) were performed.
Moreover,
the names and model numbers of the instruments are not
provided.
Finally, delisting of hazardous wastes by the State is
a new
process which may be somewhat confusing in that both federal and
state regulations are involved.
The Board suggests that the most
effective way to handle this,
for each wastestream,
is through a
filing which essentially consists
of four documents:
the basic
Adjusted Standard petition (Section 106.705), the general standards
for
toxic
wastes
delisting
(Section
720.122(d)),
the
USEPA
delisting petition (Section 720.122(i)) and the toxic constituents
discussion
(Section 721.111(a)(3)).
In this way, the applicable
federal requirements can be cross—referenced to the pertinent Board
regulations.
IT IS SO ORDERED.
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby certify that
e above Order was adopted on the
//~
day of
________________,
1991 by a vote of
7-0
~
Dorothy M./~unn,Clerk
Illinois P~1lutionControl Board
124—128